Placement employers behaving badly (allegedly)
Legal dimensions to placement problems
Alison Shillito
Governance Services Manager
Why "employers behaving badly"?
• "Problem students not problem placements"– but what if student isn't being
treated fairly?– how do you know?
• Process for less clear for problem placements?
Higher education landscape
GOING UP• student satisfaction overall
(NSS) 86% on average• student fees and living costs• student expectations • student complaints • expectation of transparency
Legal relationships
University
StudentEmployer
University duty of care?• University duties:
– contract with students - to provide education and services to a reasonable standard
– in statute - Equality Act 2010; s.3 Health and Safety at Work Act, student data and confidentiality
– in negligence - where our actions or inaction could reasonably be expected to harm the students or the employer.
Employer to student duties
University
StudentEmployer
Employer duties• Equality Act 2010 - fair
recruitment and opportunities protection from harassment, make adjustments for disabled students
• Health and Safety at Work Act 1974 safe working environment for workers or interns
• employment contract – pay and conditions and/or
• placement agreement – to provide the work and learning experience agreed with student and University
Student duties• behave in accordance with
Equality Act, Data Protection Act• to take care of their own safety
and that of others in the workplace
• in contract (whether written or otherwise) to abide by the employer's policies including respecting others, health and safety, confidentiality
• University Student Code of Behaviour
The extent of the duty?
• responsible for the things:– that are within your control– you have said you will do
Trouble ahead?
Trouble ahead ...
UniversityEmployer complaints
Student complaints
Discriminatory statements
Sickness absence
Summary dismissal
Investigating concernsstudent account
employer account
legal compliance
fair process followed
evidence of feedback to student
supervisor's account
University
past experience
University visits
who saw it
what happened, when
• Is placement providing safe and reasonable learning experience?
• can we address deficiencies?
• can we reduce/ mitigate detriment?
Remember ...– follow relevant procedures– get full account of student's perceptions– maintain confidentiality - within limits– pastoral support for student– follow-up concerns with employer– use/advise student on using employer
procedures– mitigate disadvantage to student– document employer response– mediate/address breaches for this student– consider implications for placement of
future students.
Public Interest Disclosure• Whistle blowing
– Clear procedure for relevant courses
– Prepare students before placement
– Review poor feedback or performance in placement audits/reviews
– Support students how to do whistle blow appropriately
In conclusion ...• Employers are not obliged to take
placement students but when they do they accept legal duties
• The University continues to have duties to students (even if they are misbehaving or failing placement)
• Silver lining - there is support and help for staff dealing with problems
Further help and guidance
• Awards Assessment and Regulations• Denise Elliott x 4080
Student Complaints and Appeals
• Governance and Planning Services• Rebecca Pugh, Solicitor, x 3854• Alison Shillito, Governance Services Manager, x 3849
Legal advice
• Professional Issues Teams in HWB and D&SProfessional Suitability
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